ASIS International (ASIS) Professional Certified Investigator Practice Exam

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What is the first exception to the hearsay rule?

  1. Dying declaration

  2. Testimony in child abuse case

  3. Court transcript

  4. Spontaneous outburst

The correct answer is: Dying declaration

The first exception to the hearsay rule is the concept of dying declarations. This exception allows statements made by a person who believes that their death is imminent to be admissible in court. The rationale behind this exception is based on the assumption that someone on their deathbed is unlikely to lie, as they are facing the reality of their mortality. The law recognizes that such statements are often made under circumstances that suggest reliability and truthfulness. The other options present different scenarios that may involve exceptions to hearsay, but the dying declaration is historically considered the first and one of the most recognized exceptions within legal frameworks. Testimonies in child abuse cases and spontaneous outbursts have their own rules and contexts about admissibility but do not hold the same foundational status in the hearsay exceptions as dying declarations do. Court transcripts also serve a different purpose and do not represent a hearsay exception in the same way.